This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself.
These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).
Recent case law includes:
· Pitt v Holt (SC) - trustee decisions (2013)
· Braganza (SC) - contractual discretions (2015)
· Eclairs (SC) - directors powers: proper purposes (2015)
· IBM UK Holdings v Dalgleish (CA) - employer powers under pension plans (2017)
· British Airways (CA)- pension plan - proper purposes (2018)
The book reviews the relevant doctrines of:
· Interpretation rules
· Proper purposes;
· Due consideration of relevant factors
· Full perversity (no reasonable decision maker)
This title is included in Bloomsbury Professional's Pensions Law online service.
This book should be attractive to the entire range of legal professionals, including academics and practitioners, and not only those operating in the superannuation field. Pollard has accomplished the difficult feat of presenting the material in a way that is accessible to practitioners while ensuring that the content is comprehensive, thoroughly researched and argued in a way that should make it an indispensable resource for those involved in their own research and teaching in the area. ? I have already had occasion to resort to my review copy in providing advice to clients and am certain I will be using it in future research projects.
